Effective: September 29, 2011
Latest Legislation: House Bill 153 - 129th General Assembly
(A) Every public authority planning to contract for construction management services with a construction manager at risk shall evaluate the proposals submitted and select not fewer than three construction managers at risk the public authority considers to be the most qualified to provide the required construction management services, except that the public authority shall select and rank fewer than three when the public authority determines in writing that fewer than three qualified construction managers at risk are available.
(B) The public authority shall provide each construction manager at risk selected under division (A) of this section with a description of the project, including a statement of available design detail, a description of how the guaranteed maximum price for the project shall be determined, including the estimated level of design detail upon which the guaranteed maximum price shall be based, the form of the construction management contract, and a request for a pricing proposal.
(C) The pricing proposal of each construction manager at risk shall include at least the following regarding the construction manager at risk:
(1) A list of key personnel for the project;
(2) A statement of the general conditions and contingency requirements;
(3) A fee proposal divided into a preconstruction fee, a construction fee, and the portion of the construction fee to be at risk in a guaranteed maximum price.
(D) The public authority shall evaluate the submitted pricing proposals and may hold discussions with individual construction managers at risk to explore their proposals further, including the scope and nature of the proposed services and potential technical approaches.
(E) After evaluating the pricing proposals, the public authority shall rank the selected construction managers at risk based on its evaluation of the value of each pricing proposal, with such evaluation considering the proposed cost and qualifications.
(F) The public authority shall enter into negotiations for a construction management contract with the construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section. Contract negotiations shall be directed toward:
(1) Ensuring that the construction manager at risk and the public authority mutually understand the essential requirements involved in providing the required construction management services, including the provisions for the use of contingency funds and the possible distribution of savings in the final costs of the project;
(2) Ensuring that the construction manager at risk will be able to provide the necessary personnel, equipment, and facilities to perform the construction management services within the time required by the construction management contract;
(3) Agreeing upon a procedure and schedule for determining a guaranteed maximum price using an open book pricing method that shall represent the total maximum amount to be paid by the public authority to the construction manager at risk for the project and that shall include the costs of all the work, the cost of its general conditions, the contingency, and the fee payable to the construction manager at risk.
(G)(1) If the public authority fails to negotiate a construction management contract with the construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section, the public authority shall inform the construction manager at risk, in writing, of the termination of negotiations.
(2) Upon terminating negotiations, the public authority may enter into negotiations as provided in this section with the construction manager at risk that the public authority ranked next highest under division (E) of this section. If negotiations fail, the public authority may enter into negotiations as provided in this section with the construction manager at risk the public authority ranked next highest under division (E) of this section.
(3) If a public authority fails to negotiate a construction management contract with a construction manager at risk whose pricing proposal the public authority determines to be the best value under division (E) of this section, the public authority may select additional construction managers at risk to provide pricing proposals to the public authority pursuant to this section or may select an alternative delivery method for the project.
(H) If the public authority and construction manager at risk fail to agree on a guaranteed maximum price, nothing in this section shall prohibit the public authority from allowing the construction manager at risk to provide the management services that a construction manager is authorized to provide.
(I) Nothing in this section affects a public authority's right to accept or reject any or all proposals in whole or in part.
Structure Ohio Revised Code
Section 9.01 | Official Records - Preserving and Maintaining.
Section 9.02 | Inspection and Review of Financial Institution Records.
Section 9.03 | Newsletters of Political Subdivisions.
Section 9.04 | State Funds for Nontherapeutic Abortion Benefits.
Section 9.041 | Childbirth Preferred Over Abortion.
Section 9.06 | Private Operation and Management of Initial Intensive Program Prison.
Section 9.07 | Correctional Facility to House Out-of-State Prisoners.
Section 9.08 | Improper Internet Access - Private Correctional Facilities.
Section 9.10 | Facsimile Signature Defined.
Section 9.11 | Public Officials Using Facsimile Signature.
Section 9.12 | Validity of Instrument With Facsimile Signature.
Section 9.13 | Highway Project Not Located Within Subdivision Boundaries.
Section 9.14 | Loss of Funds Occasioned by Use of Duly Adopted Facsimile Signature.
Section 9.15 | Burial or Cremation of Body at Expense of Township or Municipal Corporation.
Section 9.16 | Governmental Use of Distributed Ledger Technology.
Section 9.21 | Policies Regarding Political Subdivisions That Hold Credit Card Accounts.
Section 9.22 | Use of Debit Card Accounts.
Section 9.23 | Disbursements by Government Entities Definitions.
Section 9.231 | Disbursements Over $25,000 - Contract Required - Exceptions.
Section 9.232 | Contract for Disbursements.
Section 9.233 | Recipient of Disbursements Entitled Only to Contract Payment Earned.
Section 9.234 | Records and Reports by Recipient - Financial Review - Financial Audit.
Section 9.235 | Records Open to Government Inspection.
Section 9.236 | Recipient to Repay Excess Payment - Civil Action to Recover.
Section 9.237 | Rules Governing Terms of Disbursement Contracts.
Section 9.238 | Form for Financial Reviews and Rules for Audit Reports.
Section 9.239 | Allocation of Federal Energy Efficient Building Deduction.
Section 9.24 | Findings for Recovery.
Section 9.241 | Civil Action for Recovery of Money.
Section 9.242 | Debarred Vendors; Participation in State Contracts.
Section 9.25 | Purchase of Surplus Commodities From Federal Government.
Section 9.26 | Gifts or Grants of Federal Property.
Section 9.27 | State Contracts - Invalid Terms and Conditions.
Section 9.28 | Competitive Solicitation as Public Record.
Section 9.29 | Multi-Year Asset Management Professional Service Contracts.
Section 9.30 | Public Utility Service Without Bidding and Notice.
Section 9.31 | Erroneous Bids.
Section 9.311 | Bonds Accompanying Bid to Be Executed by Approved Surety.
Section 9.312 | Factors to Determine Whether Bid Is Responsive and Bidder Is Responsible.
Section 9.313 | Reduction of Performance Bond After Substantial Performance.
Section 9.314 | Purchasing Services or Supplies by Reverse Auction.
Section 9.316 | Injunctive Relief.
Section 9.317 | Purchase of Supplies or Services by Reverse Auction.
Section 9.32 | Notification of Surety and Agent of Construction Contract Award.
Section 9.33 | Construction Management Services Definitions.
Section 9.331 | Notice of Accepting Bids for Construction Manager or Construction Manager at Risk.
Section 9.332 | Selection of and Contract With Construction Manager.
Section 9.333 | Financial Assurance to Be Provided by Construction Manager.
Section 9.334 | Evaluation of Most Qualified Proposals; Pricing Proposals; Contract Negotiations.
Section 9.335 | Construction of Statutes With Other Code Provisions.
Section 9.34 | Fiscal Year and Period of State and Political Subdivisions.
Section 9.35 | Contracts for Ministerial Duties by Public Officials.
Section 9.36 | Contract for Services of Fiscal and Management Consultants.
Section 9.361 | Payroll Deduction Benefit Program.
Section 9.37 | Direct Deposits.
Section 9.38 | Deposit of Public Moneys.
Section 9.39 | Liability for Public Money Received or Collected - Unclaimed Money.
Section 9.40 | Payroll Deduction for United States Savings Bonds.
Section 9.41 | Payroll Accounts.
Section 9.42 | Municipal Income Tax Deductions.
Section 9.43 | Savings in Share Accounts in Chartered Credit Unions Deductions.
Section 9.44 | Prior Public Service Counted in Computing Vacation Leave.
Section 9.441 | Continuing Rights or Benefits for Prior Service.
Section 9.45 | Nonprofit Debt Pooling Company Deductions.
Section 9.46 | u.s. Olympic Participation Leave.
Section 9.47 | Certificate of Compliance With Affirmative Action Programs.
Section 9.48 | Joint Purchasing Programs.
Section 9.481 | Residency Requirements Prohibited for Certain Employees.
Section 9.482 | Contracting for Services Between Political Subdivisions.
Section 9.483 | Sale and Leaseback Agreements.
Section 9.49 | Transparency in Contracts Between State and Private Attorneys.
Section 9.492 | Contingency Fee Contract With Private Attorney.
Section 9.493 | Contract With Private Attorney Outside Ohio.
Section 9.494 | Publication of Contract.
Section 9.495 | Annual Report.
Section 9.496 | Applicability.
Section 9.498 | Legislative Intent.
Section 9.50 | Display of the Pow/mia Flag During Normal Business Hours at Public Buildings.
Section 9.54 | Accessibility Signs.
Section 9.55 | Installation of Teletypewriters for Deaf or Hearing-Impaired at State Agencies.
Section 9.56 | Plans and Drawings for Public Buildings Filed With County Recorder.
Section 9.57 | Closure of Places of Worship.
Section 9.58 | Court Settlements That Conflict With the Revised Code.
Section 9.61 | Residency Not Required for Fire Chief.
Section 9.62 | Purchase of Police Dog or Horse.
Section 9.63 | Compliance With Lawful Requests Under Patriot Act.
Section 9.65 | Annuity Program for Volunteer Fire Fighters.
Section 9.661 | Liens to Secure Performance on Development Loans and Property Tax Incentives.
Section 9.67 | Restrictions on Owner of Professional Sports Team That Uses a Tax-Supported Facility.
Section 9.68 | Regulation of Arms Prohibited - Challenging Political Subdivisions.
Section 9.69 | Duties and Status of Law Enforcement Officer.
Section 9.70 | Permission for Street on Lands of Public Institution.
Section 9.73 | Public Employer Inquiries Regarding Criminal Background.
Section 9.74 | Victims of Dissemination of Image.
Section 9.75 | Requirement for Employment of Local Laborers Prohibited.
Section 9.76 | Boycott Provisions in Certain Contracts.
Section 9.78 | Determination of Effect of Criminal Conviction by Licensing Authority.
Section 9.79 | Limitations on Initial License Refusal.
Section 9.80 | Contribution to Charity Deductions.
Section 9.81 | Payroll Deduction Plans.
Section 9.82 | Risk Management and Insurance Programs Definitions.
Section 9.821 | Office of Risk Management.
Section 9.822 | Insurance and Bonds.
Section 9.823 | Risk Management Reserve Fund.
Section 9.83 | Liability Insurance for Public Employees.
Section 9.833 | Self-Insurance Program for Health Care Benefits.
Section 9.835 | Energy Price Risk Management Contract.
Section 9.84 | Witness Has Right of Counsel - Participation in Hearing Limited.
Section 9.85 | Immunity of Public Officers and Employees Definitions.
Section 9.86 | Immunity of Public Officers and Employees.
Section 9.87 | Indemnification of Public Officers and Employees.
Section 9.871 | Indemnification of Correctional Employee.
Section 9.88 | Immunity of Federal Law Enforcement Officers.
Section 9.90 | Purchase or Procurement of Insurance for Educational Employees.
Section 9.91 | Placement or Purchase of Tax-Sheltered Annuity for Educational Employees.
Section 9.911 | Annuity Contracts and Custodial Accounts.
Section 9.92 | Citizens' Reward Program.
Section 9.94 | Fractionalized Interests in Any One or More Public Obligations.
Section 9.95 | Maximum or Maximum Average Annual Interest Rate on Public Securities.
Section 9.96 | Issue Public Securities.
Section 9.97 | Exemption of Bond Interest From Income Tax.
Section 9.98 | Bond Financing Definitions.
Section 9.981 | Applicability.